CONDITIONS OF SERVICE

• In this contract where the context so permits the following expression; shall have the following meanings;

  • “Consignment" means any goods or other items of any sort which the Company may carry anything valuable received by the Company its servants or agents or intended to be received by reason of this Contract.
  • "Data" means any computer tapes, programmes, accounts, or like media, deeds, documents or other written records which from the whole or part of any Consignment.
  • "The relevant collecting point" means the address or addresses from which any Consignment is to be taken into the custody of the Company for the purposes of this Contract.
  • "The relevant delivery point" means the address or addresses which any Consignment is to be delivered by the Company for the purpose of this Contract.
  • "The Customer's relevant representative" means the person into whose custody a Consignment is authorized by the Customer to be delivered by the Company at the relevant delivery point pursuit to this Contract.
  • A "period of the Company’s responsibility" means in relation to each Consignment a period commencing at the moment such consignment passes into the custody of the Company at the relevant collecting point and terminating at the moment such consignment is delivered or tendered to the Customer’s relevant representative at the relevant delivery point.
  • "The excepted risks “ mean
    • War, invasion, act of foreign enemy, hostilities(whether war to be declared or not),civil war, rebellion, revolution, insurrection or military or usurped power, confiscation or nationalism or requisition or destruction of or damage to property by or under the order of any government or public or local authority;
    • Ionising radiations or contamination by radioactivity from any nuclear or from any nuclear waste from the combustion of nuclear fuel.
    • Radioactive, toxic. Explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof,
    • Any weapon of war employing nuclear fission and/or fusion or other like reaction or radioactive force or matter or derelict mines, torpedoes bombs or other derelict weapons of war; and
    • Breakage or statuary, marbles, glassware, bric-a-brac, porcelains and similar fragile articles, unless caused by fire, lightning, theft and/or attempted theft.
    • Pressure waves caused by aircraft and other aerial devices traveling at sonic or supersonic speeds. And/or
    • Any loss of or damage to the whole or any part of the Consignment caused or partly caused by the absence, failure or inadequacy of packing or packaging.
• In consideration of the payment hereinafter agreed to be made to the Company by the Customer and by way of limitation of the liability of the Company. The Company shall (subject as hereinafter mentioned) during the continuance of the Contract. Carry out (subject to the provisions of the Contract) with proper care the service described
  • In the Schedule overleaf. Subject to the provision of clause 3 hereof indemnify the Customer against any loss or
  • Damage resulting from loss of or damage to a consignment occurring during any period of the Company’s responsibility and which was caused solely by negligence on the part of the servants or agents of the Company acting in the Course of their employment provided that this indemnity shall apply only to loss or damage represented by or consisting of the cost of replacing such Consignment and (in the case of Data) of the hiring of any additional computer time necessitated thereby with an overall maximum sum of Kenya Shillings One Thousands (KShs. 1,000/=) in respect of any one claim and subject further to a maximum sum of Kenya Shillings Twenty Thousands (Kshs. 20.000/=) in respect of all such loss or damage occurring in any consecutive period of 12 months. This indemnity shall not. nor shall any liability of the Company in servants or agents to the Customer, on any ground or for any cause whatever or under any circumstances extend to any consequential loss or to any loss or damage other than the cost of replacement and (where appropriate) computer time is as aforesaid. Any liability on the part of the Company under this indemnity shall arise only if the Customer shall have given written notice to the Company of any relevant loss or damage within seven days immediately following either discovery thereof or the end of the period of the Company's responsibility in which the loss or damage is said to have occurred (whichever shall be the earlier) but in any event such liability will not arise if such notice is not given by the Customer to the Company within 14 days of the date upon which the consignment was collected or received by the Company. Notwithstanding the' preceding terms hereof the Company shall not in any circumstances.
•  
  • whatever be liable on any ground or for any cause whatever for any loss or damage (including consequential loss) on the part of the Customer arising directly or indirectly from or in consequence of any of the expected risks or to which any of the expected risks shall have contributed, or for any expenses whatsoever resulting or arising there from.
  • If the Company shall at any time be prevented from or delayed in starting. carrying out or completing any of the services described in the Schedule hereto by reasons of any of the expected risks or by reason of strikes, lock-outs, labour disputes, weather conditions, traffic congestion or any cause whatever beyond the Company's control. the Customer shall have no claim for damages or otherwise against the Company its servants or agents in respect of interest loss of profit or any other loss whatever, provided that in the case of mechanical breakdown of one of the Company's vehicles the Company shall use its best endeavor to provide a replacement vehicle with the minimum practicable delay.
  • Under no circumstances shall the company be liable for any late or mis-delivery or non-delivery caused or contributed to by any deficient or ambiguous labeling of the Consignment. The liability of the company in respect of any loss or damage suffered by the Customer.
  • whether caused by negligence breach of contract or any other ground of complaint shall in no case exceed the monetary and other limits referred to in clause 3 hereof. Moreover if the Company shall carry out or shall have contracted to carry out more than one service for the Customer on any one day, whether under the terms of this Contract or in conjunction with one or more separate agreements (whether in form similar to the Contract or not), the total liability of the Company in respect of all loss and damage suffered by the Customer during the day shall not exceed the sum of Kenya Shillings Ten Thousand (Kshs. 10,000 /=). In case of any emergency no objection will be taken to the use by the Company at its own.
  • Expenses of the carrier service of a railway or other carrier and the Company shall in such case be entitled to the protection of all the terms hereof which exclude or limit the liability of the Company.
  • Exclusion and limitations of liability and indemnity to apply in all and any circumstances. The Company and its servants or agents shall be entitled to the benefits of the indemnity in the sub clause (h) below and shall not be liable to the customer outside or beyond the provisions aforesaid with reference to the collection care carriage and delivery or any Consignment on any ground of liability whether or not the company its servants or agents (subject to clause (g) below) shall be entitled in all and any circumstances to the protection of these clause defining excluding and limiting liability of the indemnity in sub clause {h) below and in particular whether or not the Company shall have been guilty of any breach of the terms of this contact expressed or implied and however fundamental and howsoever serious the consequences of such breach and whether or not this Contract for any other purposes has been terminated by such breach, or by accepted reputation or howsoever otherwise.
  • Exclusion and limitation of liability and indemnity to protect servants and agents of the Company. It is hereby agreed between the Customer and the Company its servants and agents both for itself and for its servants and agents of their benefits that the servants and agents of the Company shall be entitled to the protection of all the terms hereof including the indemnity in sub clause {h) below and shall bear no liability beyond or in addition to that of the Company itself, provided always that if any servant or agents of the Company shall have been guilty of
  • Any dishonest or criminal act (relevant to the loss or damage of the Customer) such servant or agent shall not be as between himself and the Customer entitled to the protection of any of the terms hereof. The purpose of this sub-clause (g) (apart. from the provision relating to dishonest or criminal conduct) is that the total liability of the Company and its servant and agents whether jointly or severally shall in no case exceed the limits provided upon the liability of the Company here in.
  • indemnity
    The Customer shall for all purposes be, or shall be treated as, the sole and beneficial owner of all Consignments. If any other person shall in respect of my such Consignment or part thereof make any claim upon the Company its servants or agents outside or beyond the liability of the Company to the Customer under the terms hereof in respect of such Consignment or part thereof, then the Customer shall indemnify the Company its servants or agents in respect of such claims and all costs thereof provided nevertheless that if any such servant or agent shall have been guilty of any dishonest or criminal act (relevant to the loss or damage of the Customer such servant or agents shall not as between himself and Customers be entitled to the benefit of this indemnity.
•  
  • The Customer shall during the continuance of this Contract make payments to the Company monthly in advance in accordance with the Schedule overleaf the first of such payments to be made not later than the date of commencement.
  • The Company shall have the right to increase by 15% the amount of any charge which is not paid by the date upon which it becomes due.
  •  
    • During any week in which the fulfilment of this Contract would require the Company to perform the service prescribed herein on a public Holiday the Company shall be entitled to make a reasonable extra charge to reflect any additional costs incurred by the Company in performing such services.
    • exceptional circumstance the Customer shall request the Company and the Company shall agree to carry out the service herein prescribed on my day other than that specified the Company shall also be entitled to charge a reasonable additional fee to reflect any additional costs hereby incurred.
• The Customer undertakes that the Company shall not be required or caused to carry or convey anything if such carriage or conveyance would be unlawful including the conveying of any letter contrary to the provisions of any legislation relating to the carriage of mail and the Company will not, without its specific agreement carry liquids perishable goods, gases, pyrotechnics. arms and ammunition or corrosive or radioactive material.
• The Customer undertakes that
  • The Customer's relevant representative will accept delivery of any Consignment to be delivered to him under this Contract at the relevant delivery point and that the Customer's relevant representative will issue to the Company's representative escorting such Consignment to the relevant delivery point an appropriate receipt thereof which shall be conclusive evidence of the delivery of such Consignment save where such receipt is obtained as a result of any fraud collusion or dishonesty on the part of the Company's representative
  • In the event of a strike of the Customers employees the company's representatives will not be asked to perform any additional duties of a strike breaking nature.
  • During the subsistence of this Contract and within one year next after the termination thereof (however the same may be determined) the Customer will not either
    • Knowingly after employment in any security capacity to any person who shall have been an officer or servant of the Company during the subsistence of contract and who shall have worked on services provided to the Customer hereunder or
    • Knowingly employ any firm or company promoted managed directed carried on or controlled by such person or any business owned (whether solely or in partnership) or managed or carried by such person which offers similar service to that to be provided by the company thereunder.
• This Contract
  • Shall constitute the entire contract between the company and the customer and shall not incorporate or be deemed to incorporate the provisions of any extraneous document.
  • Shall supersede the provisions of any previous contract warranty or representations made or given relating to the same service as are described in the schedule overleaf.
• No variation extension omission or cancellation of the expressed terms of this contract shall be binding upon the company unless and until it is confirmed in writing under the hand of a Director or the secretary and for the avoidance of doubt it is declared that no person other than such Director or the Secretary has authority to negotiate or enter into any commitment on behalf of the Company the effect of which would or might(but for this present clause) involve the Company in any legal liability whatsoever.
• This contract may be determined by either party forthwith if the other party shall commit any breach of its obligations hereunder and such breach shall continue for seven days or if the other party (being an individual) shall commit an act of bankruptcy or (being a corporation) shall go into liquidation other than for the purposes of reconstruction or amalgamation or shall suffer the appointment of a Receiver of any his or its property or income or make any deed or arrangement with or composition for the benefit of any of his or its creditors